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RSLCROP 2025 Form CONTRACT Page 4 PUBLIC WORKS TEMPLATE FOR INFORMAL BIDDING ($100K) 12-04-25 REV: 12-15-25 MI 11.2 Termination for Default. The City may terminate this Contract for cause for any material default, which is not cured within the period specified in the City’s notice of default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause after Work has commenced pursuant to a Notice to Proceed, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. Otherwise, City will have no further obligation to Contractor. 12. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code § 9204 and, when applicable, § 20104 et. seq., which are incorporated by reference. Any claim arising from City rejection in whole or in part of a change order request must be submitted within 15 days following City’s rejection. Any claim arising from the amount of final payment must be submitted within 15 days after final payment has been made by City. A claim must be clearly identified as such, and must include the basis for the claim, with reference to the applicable Contract terms; a narrative explanation of the events relating to the claim, including an explanation of the basis for the amount claimed; and full documentation of both the basis for alleged entitlement and the basis for the claimed damages. Contractor bears the burden of proof for any claim. Pursuant to Civil Code § 1296 for any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages supported by credible evidence. Contractor is not entitled to damages based on alleged lost profits, lost productivity, foreseeable cost increases, or home office overhead. 13. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 14. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City’s acceptance of the Work for the Project as complete (“Warranty Period”). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 15. Worksite Conditions. 15.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site. 15.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City or its authorized agents. 15.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If